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48 <br />RIGHT OF RECAPTURE AND TERMINATION RIDER <br />RECAPTURE OF PREMISES. "Abandonment" hereunder shall be deemed to include but <br />shall not be limited to either (a) any vacancy of the Demised Premises by Tenant for ten <br />(10)~onsecutive days without Landlord's prior written consent, or (b) non-operation of <br />Tenant's business in the Demised Premises for a period of ten (10) consecutive days <br />without Landlord's prior written consent. In the event of Tenant's Abandonment of the <br />Demised Premises as herein defined, Landlord shall provide Tenant with five (5) days' <br />written notice of Landlord's intention to reenter and repossess the berrlised Premises, <br />without recourse to further legal proceedings, unless Tenant objects within said five (5) day <br />period. Should Tenant not object within the said five (5) day period, Landlord shall have <br />the absolute right to reenter the Demised Premises without legal proceedings and without <br />being liable for any prosecution therefore or damages resulting therefrom, and repossess <br />and enjoy the Demised Premises, together with all additions, •alterations, and <br />improvements, to which remedies and acts Tenant specifically consents. The date upon <br />which Landlord reenters the Demised Premises and takes possession thereof shall be <br />deemed Recapture Date. Upon the Recapture Date this Lease shall terminate subject to <br />survival of: (1) all rights of Landlord pursuant to this Lease as to any defaults of Tenant <br />which occurred prior to Recapture Date; (2) any deferred maintenance discovered by <br />Landlord following Landlord's access to the Demised Premises after the Recapture Date <br />pursuant to an inspection completed by Landlord within thirty (30) days following. the <br />Recapture Date, which deferred maintenance may be repaired by Landlord and charged to <br />Tenant in accordance with the provisions in this Lease; and (3} Tenant shall remain liable <br />to all third parties for any goods, services, cost expenses or other incurred by Tenant and <br />Tenant shall indemnify, defend and hold harmless Landlord from and against any and all <br />such third party claims. <br />45 <br />County of Orange, in North Carolina - HilLsboroagh Commons 07/02/08 <br />INITIALS <br />LORD ~~t~;r~/Nf,T]C <br />L~ rr +~• <br />